I 

116TH CONGRESS 

1ST SESSION H. R. 2967 

To provide greater support for grandfamilies and older caretaker relatives. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committees on Education and Labor, Energy and Commerce, and Financial Services, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide greater support for grandfamilies and older 

caretaker relatives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Grandfamilies Act of 

5 2019’’. 


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1 SEC. 2. INCREASING ACCESS TO SOCIAL SECURITY BENE2 FITS FOR CHILDREN WHO LIVE WITH GRAND3 PARENTS OR OTHER FAMILY MEMBERS. 

4 (a) IN GENERAL.—Title II of the Social Security Act 

5 (42 U.S.C. 401 et seq.) is amended— 

6 (1) in section 202(d)— 

7 (A) in paragraph (1)(C), by inserting ‘‘ex8 cept as provided in paragraph (9),’’ before ‘‘was 

9 dependent’’; and 

10 (B) by amending paragraph (9) to read as 

11 follows: 

12 ‘‘(9)(A) In the case of a child who is the child of an 

13 individual under clause (3) of the first sentence of section 

14 216(e) and is not a child of such individual under clause 

15 (1) or (2) of such first sentence, the criteria specified in 

16 subparagraph (B) shall apply instead of the criteria speci17 fied in subparagraph (C) of paragraph (1). 

18 ‘‘(B) The criteria of this subparagraph are that— 

19 ‘‘(i) the child has been living with such indi20 vidual in the United States for a period of not less 

21 than 12 months; 

22 ‘‘(ii) the child has been receiving not less than 

1 23 ⁄2 of the child’s support from such individual for a 

24 period of not less than 12 months; and 


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1 ‘‘(iii) the period during which the child was liv2 ing with such individual began before the child at3 tained age 18. 

4 ‘‘(C) In the case of a child who is less than 12 months 

5 old, such child shall be deemed to meet the requirements 

6 of subparagraph (B) if, on the date the child attains 1 

7 year of age, such child has lived with such individual in 

the United States and received at least 1 8 ⁄2 of the child’s 

9 support from such individual for substantially all of the 

10 period which began on the date of such child’s birth.’’; 

11 and 

12 (2) in section 216(e), in the first sentence— 

13 (A) by striking ‘‘grandchild or 

14 stepgrandchild of an individual or his spouse’’ 

15 and inserting ‘‘grandchild, stepgrandchild, or 

16 other first-degree, second-degree, third-degree, 

17 fourth-degree, or fifth-degree relative of an indi18 vidual or the individual’s spouse’’; 

19 (B) by striking ‘‘was no natural or adop20 tive parent’’ and inserting ‘‘is no living natural 

21 or adoptive parent’’; 

22 (C) by striking ‘‘was under a disability’’ 

23 and inserting ‘‘is under a disability’’; 


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1 (D) by striking ‘‘living at the time’’ and all 

2 that follows through ‘‘, or (B)’’ and inserting ‘‘, 

3 (B)’’; and 

4 (E) by inserting ‘‘, or (C) the person has 

5 been in the custody of such individual pursuant 

6 to a court order for a period of not less than 

7 12 months’’ before the first period. 

8 (b) CONFORMING AMENDMENTS.—Section 202(d)(1) 

9 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend10 ed— 

11 (1) by striking ‘‘subparagraphs (A), (B), and 

12 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 

13 subparagraph (C) or paragraph (9) (as applicable)’’; 

14 and 

15 (2) by striking ‘‘subparagraphs (B) and (C)’’ 

16 and inserting ‘‘subparagraph (B) and subparagraph 

17 (C) or paragraph (9) (as applicable)’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the first day of the first 

20 fiscal year that begins after the date of enactment of this 

21 Act. 

22 SEC. 3. ELIMINATING BARRIERS TO TANF FOR CHILDREN 

23 AND OLDER CARETAKER RELATIVES. 

24 (a) BROADENING GOOD CAUSE EXCEPTION TO RE25 QUIREMENT TO PROVIDE INFORMATION ON NONCUSTOVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 DIAL PARENTS.—Section 454(29)(A)(i) of the Social Se2 curity Act (42 U.S.C. 654(29)(A)(i)) is amended by strik3 ing ‘‘best interests of the child’’ and inserting ‘‘best inter4 ests of the child, including, if enforcement procedures 

5 against a non-custodial parent of the child are initiated, 

6 whether such procedures will impede the parent’s ability 

7 to reunify with the child in the future’’. 

8 (b) DISREGARD OF NONPARENT CARETAKER REL9 ATIVE INCOME, ASSETS, AND RESOURCES IN CHILD-ONLY

10 CASES.— 

11 (1) IN GENERAL.—Section 408(a) of the Social 

12 Security Act (42 U.S.C. 608(a)) is amended by add13 ing at the end the following new paragraph: 

14 ‘‘(13) DISREGARD OF INCOME, ASSETS, AND

15 RESOURCES FOR NONPARENT CARETAKER REL16 ATIVES IN CHILD-ONLY CASES.— 

17 ‘‘(A) IN GENERAL.—With respect to a 

18 minor child who does not reside in the same 

19 household as a parent of the child, a State to 

20 which a grant is made under section 403 shall 

21 not take into account the income, assets, or re22 sources of such child’s nonparent caretaker rel23 ative who is not seeking assistance under the 

24 State program funded under this part or any 

25 other State program funded with qualified 


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1 State expenditures (as defined in section 

2 409(a)(7)(B)(i)) on their own behalf in deter3 mining whether the child is eligible for assist4 ance under any such program, or in deter5 mining the amount or types of such assistance 

6 to be provided to the child. 

7 ‘‘(B) EXCEPTION.—Subparagraph (A) 

8 shall not apply in the case of a State pro9 gram— 

10 ‘‘(i) that is operated specifically for 

11 children living with nonparent caretaker 

12 relatives; 

13 ‘‘(ii) that provides monthly financial 

14 assistance to a child living with a non15 parent caretaker relative in an amount 

16 that is greater than the amount of assist17 ance that the child would receive on the 

18 child’s own behalf under the State program 

19 funded under this part; 

20 ‘‘(iii) that is separate from the State 

21 program funded under this part; and 

22 ‘‘(iv) that is described in the State 

23 plan submitted under section 402.’’. 


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1 (2) PENALTY.—Section 409(a) of the Social Se2 curity Act (42 U.S.C. 609(a)) is amended by adding 

3 at the end the following new paragraph: 

4 ‘‘(17) PENALTY FOR FAILURE TO DISREGARD

5 INCOME, ASSETS, AND RESOURCES OF NONPARENT

6 CARETAKER RELATIVE IN CHILD-ONLY CASES.—If 

7 the Secretary determines that a State to which a 

8 grant is made under section 403 in a fiscal year has 

9 violated section 408(a)(13) during the fiscal year, 

10 the Secretary shall reduce the grant payable to the 

11 State under section 403(a)(1) for the immediately 

12 succeeding fiscal year by an amount equal to 3 per13 cent of the State family assistance grant.’’. 

14 (c) ELIMINATING 5-YEAR CAP ON ASSISTANCE IN

15 CHILD-ONLY CASES.— 

16 (1) IN GENERAL.—Section 408(a)(7) of the So17 cial Security Act (42 U.S.C. 608(a)(7)) is amended 

18 by adding at the end the following new subpara19 graph: 

20 ‘‘(H) NO LIMIT FOR CHILD-ONLY CASES.— 

21 A State shall not limit the number of months 

22 of assistance under the State program funded 

23 under this part or any other State program 

24 funded with qualified State expenditures (as deVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 fined in section 409(a)(7)(B)(i)) for a family in 

2 which all adults in the family— 

3 ‘‘(i) are nonparent caretaker relatives 

4 of a child who does not reside in the same 

5 household of the parent of the child; and 

6 ‘‘(ii) do not receive assistance under 

7 the State program funded under this part 

8 or any other State program funded with 

9 qualified expenditures (as defined in sec10 tion 409(a)(7)(B)(i)) on their own be11 half.’’. 

12 (2) PENALTY.—Section 409(a) of the Social Se13 curity Act (42 U.S.C. 609(a)), as previously amend14 ed by this section, is amended— 

15 (A) in paragraph (9), by inserting ‘‘(other 

16 than subparagraph (H))’’ after ‘‘section 

17 408(a)(7)’’; and 

18 (B) by adding at the end the following new 

19 paragraph: 

20 ‘‘(18) PENALTY FOR FAILURE TO COMPLY WITH

21 5-YEAR CAP EXEMPTIONS.—If the Secretary deter22 mines that a State to which a grant is made under 

23 section 403 in a fiscal year has violated subpara24 graph (H) of section 408(a)(7) during the fiscal 

25 year, the Secretary shall reduce the grant payable to 


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1 the State under section 403(a)(1) for the imme2 diately succeeding fiscal year by an amount equal to 

3 3 percent of the State family assistance grant’’. 

4 (d) EXEMPTION FROM WORK REQUIREMENTS FOR

5 NONPARENT CARETAKER RELATIVES IN CHILD-ONLY

6 CASES.— 

7 (1) IN GENERAL.—Section 408 of the Social 

8 Security Act (42 U.S.C. 608) is amended by adding 

9 at the end the following new subsection: 

10 ‘‘(h) STATE REQUIRED TO EXEMPT NONPARENT

11 CARETAKER RELATIVES FROM WORK PARTICIPATION IN

12 CHILD-ONLY CASES.—A State shall not require an indi13 vidual to engage in work if the individual— 

14 ‘‘(1) is the nonparent caretaker relative of a 

15 child who does not reside in the same household as 

16 a parent of the child; and 

17 ‘‘(2) resides in a household in which no adult 

18 receives assistance under the State program funded 

19 under this part or any other State program funded 

20 with qualified expenditures (as defined in section 

21 409(a)(7)(B)(i)) on their own behalf.’’. 

22 (2) PENALTY.—Section 409(a) of the Social Se23 curity Act (42 U.S.C. 609(a)), as previously amend24 ed by this section, is amended by adding at the end 

25 the following new paragraph: 


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1 ‘‘(19) PENALTY FOR FAILURE TO COMPLY WITH

2 WORK PARTICIPATION EXEMPTIONS.—If the Sec3 retary determines that a State to which a grant is 

4 made under section 403 in a fiscal year has violated 

5 subsection (h) of section 408 during the fiscal year, 

6 the Secretary shall reduce the grant payable to the 

7 State under section 403(a)(1) for the immediately 

8 succeeding fiscal year by an amount equal to 3 per9 cent of the State family assistance grant.’’. 

10 (e) ELIMINATING 5-YEAR CAP ON ASSISTANCE FOR

11 OLDER CARETAKER RELATIVES.— 

12 (1) IN GENERAL.—Section 408(a)(7) of the So13 cial Security Act (42 U.S.C. 608(a)(7)), as amended 

14 by subsection (c)(1), is amended by adding at the 

15 end the following new subparagraph: 

16 ‘‘(I) NON-APPLICATION OF LIMIT TO

17 OLDER CARETAKER RELATIVES.— 

18 ‘‘(i) NO LIMIT FOR OLDER CARE19 TAKER RELATIVES.—Subparagraph (A) 

20 shall not apply and a State shall not limit 

21 the number of months of assistance under 

22 the State program funded under this part 

23 or any other State program funded with 

24 qualified State expenditures (as defined in 

25 section 409(a)(7)(B)(i)) based on receipt 


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1 of such assistance by an individual who is 

2 an older caretaker relative (as defined for 

3 purposes of paragraph (14)). 

4 ‘‘(ii) DISREGARD OF MONTHS OF AS5 SISTANCE .—In determining the number of 

6 months for which a family that includes an 

7 adult who has received assistance under 

8 the State program funded under this part 

9 or any other State program funded with 

10 qualified State expenditures (as defined in 

11 section 409(a)(7)(B)(i)), the State shall 

12 disregard any month for which such assist13 ance was provided with respect to the fam14 ily during which such adult was an older 

15 caretaker relative (as defined for purposes 

16 of paragraph (14)).’’. 

17 (2) PENALTY.—Section 409(a) of the Social Se18 curity Act (42 U.S.C. 609(a)), as previously amend19 ed by this section, is amended— 

20 (A) in paragraph (9), by inserting ‘‘or (I)’’ 

21 after ‘‘subparagraph (H)’’; and 

22 (B) in paragraph (18), by inserting ‘‘or 

23 (I)’’ after ‘‘subparagraph (H)’’. 

24 (f) EXEMPTION FROM WORK REQUIREMENTS FOR

25 OLDER CARETAKER RELATIVES.— 


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1 (1) IN GENERAL.—Section 408 of the Social 

2 Security Act (42 U.S.C. 608), by subsection (d)(1), 

3 is amended by adding at the end the following new 

4 subsection: 

5 ‘‘(i) STATE REQUIRED TO EXEMPT OLDER CARE6 TAKER RELATIVES FROM WORK PARTICIPATION WHERE

7 CARETAKER RECEIVES ASSISTANCE.—A State shall not 

8 require an individual to engage in work, and, at the option 

9 of the State and on a case-by-case basis, may disregard 

10 such individual in determining the participation rates 

11 under section 407(a), if the individual— 

12 ‘‘(1) is an older caretaker relative (as defined 

13 for purposes of subsection (a)(14)); and 

14 ‘‘(2) directly receives assistance on the individ15 ual’s own behalf under the State program funded 

16 under this part or any other State program funded 

17 with qualified expenditures (as defined in section 

18 409(a)(7)(B)(i)).’’. 

19 (2) PENALTY.—Paragraph (18) of section 

20 409(a) of the Social Security Act (42 U.S.C. 

21 609(a)), as added by subsection (d)(2), is amended 

22 by inserting ‘‘or (i)’’ after ‘‘subsection (h)’’. 

23 (3) CONFORMING AMENDMENTS.—402(a)(1)(A) 

24 of the Social Security Act (42 U.S.C. 602(a)(1)(A)) 

25 is amended— 


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1 (A) in clause (ii), by inserting ‘‘and subject 

2 to subsection (h) and (i) of section 408’’ before 

3 the period; and 

4 (B) in clause (iii), by inserting ‘‘and sub5 ject to subsection (h) and (i) of section 408’’ 

6 before the period. 

7 (g) DISREGARD OF INCOME, ASSETS, AND RE8 SOURCES FOR OLDER CARETAKER RELATIVES.— 

9 (1) IN GENERAL.—Section 408(a) of the Social 

10 Security Act (42 U.S.C. 608(a)), as previously 

11 amended by this section, is amended by adding at 

12 the end the following new paragraph: 

13 ‘‘(14) DISREGARD OF INCOME, ASSETS, AND

14 RESOURCES FOR OLDER CARETAKER RELATIVES.— 

15 ‘‘(A) IN GENERAL.—In determining the 

16 eligibility for, and amount of, assistance under 

17 the State program funded under this part or 

18 any other State program funded with qualified 

19 State expenditures (as defined in section 

20 409(a)(7)(B)(i)) for a family that includes an 

21 individual who is an older caretaker relative (as 

22 defined in subparagraph (B)), a State to which 

23 a grant is made under section 403 shall not 

24 take into account the income, assets, or re25 sources of that individual. 


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1 ‘‘(B) DEFINITION.— 

2 ‘‘(i) IN GENERAL.—For purposes of 

3 this paragraph, the term ‘older caretaker 

4 relative’ means an individual who— 

5 ‘‘(I) subject to clause (ii), has at6 tained age 55; and 

7 ‘‘(II) is the primary caretaker for 

8 a minor child who— 

9 ‘‘(aa) is living with the indi10 vidual; 

11 ‘‘(bb) does not have a parent 

12 living in the home; and 

13 ‘‘(cc) is a relative of the in14 dividual. 

15 ‘‘(ii) STATE OPTION TO MODIFY AGE

16 CRITERION.—At the option of a State, 

17 such term shall include an individual who 

18 has not attained age 55. 

19 ‘‘(iii) DETERMINATION TO BE MADE

20 BY STATE.—The determination of whether 

21 an individual meets the criteria described 

22 in clause (i)(II) shall be made by the 

23 State.’’. 

24 (2) PENALTY.—Section 409(a) of the Social Se25 curity Act (42 U.S.C. 609(a)), as previously amendVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 ed by this section, is amended by adding at the end 

2 the following new paragraph: 

3 ‘‘(20) PENALTY FOR FAILURE TO DISREGARD

4 INCOME, ASSETS, AND RESOURCES FOR OLDER

5 CARETAKER RELATIVES.—If the Secretary deter6 mines that a State to which a grant is made under 

7 section 403 in a fiscal year has violated section 

8 408(a)(14) during the fiscal year, the Secretary 

9 shall reduce the grant payable to the State under 

10 section 403(a)(1) for the immediately succeeding fis11 cal year by an amount equal to 3 percent of the 

12 State family assistance grant.’’. 

13 (h) ENSURING EQUITABLE TREATMENT FOR OLDER

14 CARETAKER RELATIVES UNDER TANF.— 

15 (1) STATE NOTIFICATIONS TO OLDER CARE16 TAKER RELATIVES OF CHILD TANF RECIPIENTS.— 

17 (A) IN GENERAL.—Section 408(a) of the 

18 Social Security Act (42 U.S.C. 608(a)), as pre19 viously amended by this section, is amended by 

20 adding at the end the following: 

21 ‘‘(15) STATE REQUIREMENTS REGARDING NO22 TICE TO RELATIVE CARETAKERS.—A State to which 

23 a grant is made under section 403 shall— 

24 ‘‘(A) ensure that the State agency respon25 sible for administering the State program fundVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 ed under this part employs a resource employee 

2 who is trained to provide guidance to an older 

3 caretaker relative of a minor child if the child 

4 is a recipient of assistance under the program 

5 (or under a State program funded with quali6 fied State expenditures (as defined in section 

7 409(a)(7)(B)(i))), on legal options regarding 

8 custody and guardianship of the child, including 

9 explaining to the relative caretaker how each 

10 legal option corresponds to the availability of 

11 benefits and services, and who serves as a liai12 son with other agencies and community organi13 zations that provide resources and assistance to 

14 relative caretakers; and 

15 ‘‘(B) ensure that the State agency provides 

16 to any older caretaker relative of a minor child 

17 if the child is a recipient of assistance under 

18 the State program funded under this part (or 

19 under a State program funded with qualified 

20 State expenditures (as defined in section 

21 409(a)(7)(B)(i))), written notice that— 

22 ‘‘(i) explains the options of the older 

23 caretaker relative under Federal, State, 

24 and local law to participate in the care and 

25 placement of the child, including the finanVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 cial ramifications of the options and any 

2 options that may be lost by choosing cer3 tain benefits; 

4 ‘‘(ii) describes the requirements under 

5 section 471(a)(10) to become a foster fam6 ily home and the additional services and 

7 supports that are available for a child 

8 placed in such a home; 

9 ‘‘(iii) if the State has elected the op10 tion to make guardianship assistance pay11 ments under section 471(a)(28), describes 

12 how the relative caretaker may enter into 

13 an agreement with the State to receive the 

14 payments; 

15 ‘‘(iv) describes policies under the 

16 State program funded under this part that 

17 are designed to help older caretaker rel18 atives, including income, asset, and re19 source exemptions in determining program 

20 eligibility, ‘good cause’ exemptions to child 

21 support enforcement policies, and work re22 quirement exemptions; 

23 ‘‘(v) provides direct contact informa24 tion for other agencies and community or25 ganizations that provide resources and asVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 sistance, such as housing, supplemental 

2 nutrition assistance, health care, and child 

3 care; and 

4 ‘‘(vi) provides direct contact informa5 tion for the resource employee described in 

6 subparagraph (A).’’. 

7 (B) INCLUSION IN STATE PLAN.—Section 

8 402(a)(1)(B) of such Act (42 U.S.C. 

9 602(a)(1)(B)) is amended by adding at the end 

10 the following: 

11 ‘‘(vi) The document shall provide a 

12 detailed explanation of how the State in13 tends to comply with section 408(a)(15).’’. 

14 (C) PENALTY.—Section 409(a) of such Act 

15 (42 U.S.C. 609(a)) is amended by adding at the 

16 end the following: 

17 ‘‘(21) FAILURE TO NOTIFY RELATIVE CARE18 TAKERS.—If the Secretary determines that a State 

19 to which a grant is made under section 403 for a 

20 fiscal year has violated section 408(a)(15) during 

21 the fiscal year, the Secretary shall reduce the grant 

22 payable to the State under section 403(a)(1) for the 

23 immediately succeeding fiscal year by an amount 

24 equal to 4 percent of the grant.’’. 


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1 (2) STATE TREATMENT OF RELATIVE CARE2 TAKERS OF CHILD TANF RECIPIENTS.—Section 

3 402(a)(1)(B) of the Social Security Act (42 U.S.C. 

4 602(a)), as amended by paragraph (2)(B), is further 

5 amended by adding at the end the following: 

6 ‘‘(vii) The document shall provide a 

7 detailed explanation of the State’s treat8 ment of older caretaker relatives of minor 

9 children, in cases in which the child is a 

10 recipient of assistance under the State pro11 gram funded under this part (or under a 

12 State program funded with qualified State 

13 expenditures (as defined in section 

14 409(a)(7)(B)(i))), including— 

15 ‘‘(I) information regarding how 

16 the State defines terms such as ‘rel17 ative’, ‘fictive kin’, and ‘caretaker’; 

18 ‘‘(II) a description of the training 

19 received by caseworkers of the State 

20 agency responsible for administering 

21 the program in relation to older care22 taker relatives of minor children, in 

23 cases in which the child is such a re24 cipient; 


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1 ‘‘(III) an explanation of the ways 

2 in which assistance available under 

3 the program to an older relative care4 taker of a minor child is affected by 

5 the temporary presence in the home of 

6 a biological parent of the child; and 

7 ‘‘(IV) an explanation of how ben8 efits are adjusted for older caretaker 

9 relatives including income, asset, and 

10 resource exemptions in determining 

11 program eligibility, ‘good cause’ ex12 emptions to child support enforcement 

13 policies, and work requirement exemp14 tions.’’. 

15 (3) ENHANCED DATA REPORTING.—Section 

16 411(a)(7) of the Social Security Act (42 U.S.C. 

17 611(a)(7)) is amended by adding at the end the fol18 lowing: ‘‘The Secretary shall also prescribe regula19 tions to improve the reporting of data on the eco20 nomic well-being and circumstances of families with 

21 older relative caretakers of minor children, including, 

22 to the extent practicable, information relating to— 

23 ‘‘(A) all adults in the family, including 

24 whether or not such adults are recipients of as25 sistance under the State program funded under 


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1 this part (or under a State program funded 

2 with qualified State expenditures (as defined in 

3 section 409(a)(7)(B)(i))); 

4 ‘‘(B) all minor children in the family, in5 cluding whether any such minor child— 

6 ‘‘(i) is required to be included in the 

7 foster care reporting population for pur8 poses of the Adoption and Foster Care 

9 Analysis Reporting System (AFCARS) es10 tablished pursuant to section 479; or 

11 ‘‘(ii) is not required to be so included 

12 in such foster care reporting population, 

13 but— 

14 ‘‘(I) is receiving services in the 

15 home of the relative caretaker that 

16 are supervised or administered by the 

17 State agency responsible for admin18 istering the State plan approved 

19 under part B; 

20 ‘‘(II) was placed with the relative 

21 caretaker to prevent the need for fos22 ter care as a result of an intervention 

23 on behalf of the child which was car24 ried out or supervised by the State 


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1 agency administering the State plans 

2 under parts B and E; or 

3 ‘‘(III) was placed with the rel4 ative caretaker upon formal discharge 

5 from the care and placement responsi6 bility of the State agency admin7 istering the plans under part B or E; 

8 ‘‘(iii) all families who applied for a 

9 good-cause exemption to the State’s child 

10 enforcement cooperation policies; and 

11 ‘‘(iv) all families who received a good12 cause exemption to the State’s child en13 forcement cooperation policies.’’. 

14 (i) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this section 

17 shall take effect on the first day of the first fiscal 

18 year that begins after the date of enactment of this 

19 Act. 

20 (2) DELAY PERMITTED.— 

21 (A) IN GENERAL.—Before the date de22 scribed in subparagraph (B), a State plan 

23 under title IV of the Social Security Act shall 

24 not be regarded as failing to comply with an ad25 ditional requirement imposed on the plan by 


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1 this section if the Secretary of Health and 

2 Human Services determines that such addi3 tional requirement— 

4 (i) requires State legislation (other 

5 than legislation appropriating funds) in 

6 order for the plan to meet such additional 

7 requirement; or 

8 (ii) could not practicably be met by 

9 the plan before such date. 

10 (B) DATE DESCRIBED.—For purposes of 

11 subparagraph (A), the date described in this 

12 subparagraph is, with respect to a State, the 

13 first day of the first calendar quarter beginning 

14 after the close of the first regular session of the 

15 State legislature that begins after the date of 

16 enactment of this section. For purposes of the 

17 previous sentence, in the case of a State that 

18 has a 2-year legislative session, each year of 

19 such session shall be deemed to be a separate 

20 regular session of the State legislature. 

21 SEC. 4. IMPROVING THE COLLECTION OF CHILD SUPPORT 

22 FOR FAMILIES RECEIVING TANF ASSISTANCE. 

23 (a) IN GENERAL.—Section 454 of the Social Security 

24 Act (42 U.S.C. 654) is amended— 


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1 (1) by redesignating paragraphs (30) through 

2 (34) as paragraphs (31) through (35), respectively; 

3 and 

4 (2) by inserting after paragraph (29) the fol5 lowing: 

6 ‘‘(30) include a description of— 

7 ‘‘(A) the methods used by the State to de8 termine whether an individual who has applied 

9 for or is receiving assistance under the State 

10 program funded under part A, the State pro11 gram under part E, the State program under 

12 title XIX, or the supplemental nutrition assist13 ance program, as defined under section 3(h) of 

14 the Food and Nutrition Act of 2008 (7 U.S.C. 

15 2012(h)), is cooperating in good faith with the 

16 State in establishing paternity or in estab17 lishing, modifying, or enforcing a support order, 

18 as provided in paragraph (29); 

19 ‘‘(B) the State’s process for determining in 

20 a timely manner whether such an individual 

21 satisfies the cooperation requirement described 

22 in subparagraph (A) due to the individual’s 

23 participation in another State or Federal assist24 ance program; 


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1 ‘‘(C) the good cause or other exceptions to 

2 the cooperation requirement that the State rec3 ognizes, including an explanation of any special 

4 requirements or considerations for an older rel5 ative caretaker seeking to apply for such an ex6 ception; and 

7 ‘‘(D) how the State makes clear to an indi8 vidual who has applied for or is receiving assist9 ance under a program referred to in subpara10 graph (A)— 

11 ‘‘(i) what, if anything, the individual 

12 needs to do in order to satisfy the coopera13 tion requirement, including explaining to 

14 the individual how the individual might 

15 satisfy the requirement through participa16 tion in another State or Federal assistance 

17 program; 

18 ‘‘(ii) the effect on the individual’s eli19 gibility to receive assistance under a pro20 gram referred to in subparagraph (A), and 

21 under other State or Federal assistance 

22 programs, if the individual fails to satisfy 

23 the cooperation requirement; and 

24 ‘‘(iii) the good cause or other excep25 tions to the cooperation requirement for 


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1 which the individual may be eligible, in2 cluding the standard of proof required to 

3 qualify for each exception and an expla4 nation of any special requirements or con5 siderations for older caretaker relatives;’’. 

6 (b) CONFORMING AMENDMENTS.—Title IV of the So7 cial Security Act (42 U.S.C. 601 et seq.) is amended— 

8 (1) in section 452(k)(1), by striking ‘‘section 

9 454(31)’’ and inserting ‘‘section 454(32)’’; and 

10 (2) in section 454, in the matter following para11 graph (35) (as redesignated by subsection (a)) by 

12 striking ‘‘paragraph (33)’’ and inserting ‘‘paragraph 

13 (34)’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the first day of the first 

16 fiscal year that begins after the date of enactment of this 

17 Act. 

18 SEC. 5. ENCOURAGING STATES TO ADOPT TEMPORARY 

19 GUARDIANSHIP LAWS. 

20 (a) IN GENERAL.—Section 474(a)(7) of the Social 

21 Security Act (42 U.S.C. 674(a)(7)) is amended by insert22 ing ‘‘(or, in the case of a State that has in effect for the 

23 quarter a temporary guardianship law (as defined in sec24 tion 475(14)), 75 percent)’’ after ‘‘50 percent’’. 


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1 (b) DEFINITION.—Section 475 of the Social Security 

2 Act (42 U.S.C. 675) is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(14)(A) The term ‘temporary guardianship law’ 

5 means a State law that allows for the establishment, by 

6 operation of such law and through an easily navigable sim7 ple civil process of a relationship between a child and a 

8 nonparent caretaker who has taken responsibility for car9 ing for the child in the absence of the child’s parents in 

10 which some of the parental rights with respect to the child 

11 are transferred to the caretaker for a specified period of 

12 time which may be extended or renewed, except that the 

13 total period of time for which such rights are transferred 

14 to the caretaker (including any extensions or renewals) 

15 shall not exceed a maximum period of time (as established 

16 by the State). 

17 ‘‘(B) Under the process established under a law de18 scribed in subparagraph (A)— 

19 ‘‘(i) court fees shall be waived or reduced; and 

20 ‘‘(ii) any court forms or filings related to the 

21 process are easy enough to understand that a non22 parent caretaker who has taken responsibility for 

23 caring for the child in the absence of the child’s par24 ents could reasonably complete such forms or filings 

25 without legal assistance.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the first day of the first 

3 fiscal year that begins after the date of enactment of this 

4 Act. 

5 SEC. 6. GUIDANCE. 

6 (a) GUIDANCE TO STATES ON ENSURING AWARE7 NESS OF CHILD WELFARE SYSTEM AMONG KINSHIP

8 CAREGIVERS.—Not later than the first day of the first fis9 cal year that begins after the date of enactment of this 

10 Act, the Secretary of Health and Human Services shall 

11 issue guidance to States on ways to ensure that kinship 

12 caregivers who receive assistance under a State program 

13 funded under part A of title IV of the Social Security Act 

14 (42 U.S.C. 601 et seq.) or any other State program fund15 ed with qualified State expenditures (as defined in section 

16 409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))) 

17 are— 

18 (1) provided with information about any appro19 priate assistance and services available to them 

20 through the child welfare system of the State, in21 cluding eligibility for foster care licensure and path22 ways to guardianship assitance programs or adop23 tion subsidies, and how to access such assistance 

24 and services; and 


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1 (2) referred to any kinship navigator program 

2 operated by the State. 

3 (b) GUIDANCE ON COORDINATING ASSISTANCE FOR

4 CAREGIVERS.—Not later than the first day of the first fis5 cal year that begins after the date of enactment of this 

6 Act, the Secretary of Health and Human Services shall 

7 issue guidance for States identifying options for State pro8 grams, including programs funded under title IV of the 

9 Social Security Act (42 U.S.C. 601 et seq.), programs 

10 funded under the Older Americans Act of 1965 (42 U.S.C. 

11 3001 et seq.), and other relevant programs that are jointly 

12 funded or administered by States and the Federal Govern13 ment, to collaborate, coordinate, and streamline outreach 

14 to, and processing of applications of assistance, for grand15 parents and older relative caregivers or kinship caregivers 

16 caring for grandchildren and other relative children resid17 ing with them. 

18 SEC. 7. STATE SUPPORT PLANS FOR GRANDPARENTS CAR19 ING FOR GRANDCHILDREN. 

20 (a) IN GENERAL.—Not later than the first day of the 

21 first fiscal year that begins after the date of enactment 

22 of this Act, from amounts appropriated to carry out this 

23 section, the Secretary of Health and Human Services shall 

24 award grants to States for purposes of developing State 


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1 support plans for grandparents caring for grandchildren 

2 and other relatives caring for relative children. 

3 (b) REQUIREMENTS.—A State support plan for 

4 grandparents caring for grandchildren and other relatives 

5 caring for relative children that is funded by a grant under 

6 this section shall include the following: 

7 (1) An initial assessment of the state of grand8 parents caring for grandchildren and other relatives 

9 caring for relative children in the State. 

10 (2) A plan for how appropriate State agencies 

11 can collaborate in their efforts to provide financial 

12 support, housing services, and other services and 

13 supports to grandparents caring for grandchildren 

14 and other relatives caring for relative children. 

15 (3) Steps that the State proposes to take over 

16 the next 5 years to ensure that grandparents caring 

17 for grandchildren and other relatives caring for rel18 ative children have necessary resources. 

19 (4) A plan to simplify or combine application 

20 requirements for State public assistance programs to 

21 reduce administrative burdens on recipients, with a 

22 focus on families consisting of grandparents or other 

23 older caretaker relatives raising relative children. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $10,000,000 to carry 

3 out this section. 

4 SEC. 8. NATIONAL TECHNICAL ASSISTANCE CENTER ON 

5 GRANDFAMILIES. 

6 (a) IN GENERAL.—Not later than the first day of the 

7 first fiscal year that begins after the date of enactment 

8 of this Act, the Administrator of the Administration for 

9 Community Living shall establish a National Technical 

10 Assistance Center on Grandfamilies (in this section re11 ferred to as the ‘‘Center’’) to conduct the activities de12 scribed in subsection (b). 

13 (b) ACTIVITIES OF CENTER.—The Center— 

14 (1) shall engage experienced experts to identify 

15 model practices or programs, related to health, nu16 trition, housing, and other related issues, to help 

17 serve children, parents, and caregivers in 

18 grandfamilies; 

19 (2) may develop guidelines for States to encour20 age best practices to support grandfamilies impacted 

21 by parental substance use, including ways to help 

22 caregivers meet children’s health, development, and 

23 wellbeing needs (including promotion of safe sleep 

24 practices), support birth parents’ access, engage25 ment, and success in treatment, support birth parVerDate Sep 11 2014 04:41 May 31, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2967.IH H2967

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1 ents’ formation of a healthy attachment with their 

2 children, and promote positive parenting (including 

3 co-parenting support) skills for both relative care4 givers and birthparents; and 

5 (3) may facilitate learning across States and 

6 provide technical assistance and resources to individ7 uals and entities that directly work with all 3 gen8 erations in grandfamilies. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $5,000,000 to carry out 

11 this section. 

Æ 


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